Compliance alert: CMS enacts significant changes to final EMTALA regulations--effective November 10

On September 9, 2003, the Centers for Medicare and Medicaid Services (CMS) issued final rules seeking to clarify hospital obligations under the Emergency Medical Treatment and Active Labor Act (EMTALA). The new rules clarify several areas of EMTALA, but also raise significant new compliance questions for hospitals, especially with respect to on-call panels and what it means for a person to come to the emergency department.

As always, hospitals must comply with the new regulations or face possible Medicare decertification action by CMS, civil monetary penalties of up to $50,000 per violation, and civil liability to patients and others. In order to comply, hospitals and physicians will need to examine carefully their current policies, procedures and practices, and to educate thoroughly all medical and support staff.